Exclusive: Arizona Rancher’s Case Illustrates Absurdity, Arrogance and Selective Hypocrisy

by GABRIEL GARNICA, ESQ. February 25, 2009
I have long argued that legal immigrants everywhere would do themselves a favor by speaking out against the abuses of illegal immigration. A case in point is the Hispanic community’s pattern of defending and rationalizing the depraved indifference and arrogance of those illegal immigrants who trample others’ property rights while demanding pampered treatment for themselves.
 
The Facts
 
Roger Barnett is an Arizona rancher whose property has been violated too many times to list by illegal immigrants over the years. They have left him presents in the form of human waste, garbage, and dead cattle which died from ingesting their trash. He has rounded scores of them up and delivered them to the border patrol. Apparently, these invaders have decided that his land is the entry of choice in this immediate area. Never mind that they do not have the right to access this nation as they do. Never mind that they do not have the right to enter another man’s property at their whim. What matters to these people is that they want to enter this country, one way or the other. Simply stated, their will is what matters, and anyone else’s rights or wishes mean less to them than the feces they deposit on their path through property not their own.
 
Over the years, these people have destroyed Barnett’s property and broken into his home. They have marched through his land with utter disregard and impunity for his or anyone else’s rights. I defy any property owner in this country to have such patience and restraint despite repeated and blatant violations and intrusions by insolent trespassers. 
 
Imagine people jumping over your fence, destroying your property, breaking into your home and depositing human waste on your doorstep and tell me how you would respond. Would you invite them in and offer them tea? Perhaps you would ask them to spend the night with your family, perhaps using your bed while you sleep in the sofa? Maybe a little lemonade and hot dog stand out there for them to get a little lunch on their way through your land? Sorry about that last one, since I am sure liberals would argue that you are taking advantage of poor, defenseless innocents simply searching for a better life. I guess you should offer them that lemonade and those hot dogs for free – or else.
 
The Case
 
It happens that 16 Mexican illegals had the utter gall to sue Barnett for violation of their civil rights by threatening and cursing and waving a gun at them as well as inferring that he would send his dog after them as well. Imagine that. What is an unlawful invader to think when he or she cannot trample across another’s private property, taking a dump on his land, throwing garbage and destroying his property without having a few choice vulgarities thrown his or her way? In fact, some racial slurs may have been thrown as well. While I do not condone racial slurs, vulgarities or threats, I tend to give the benefit of the doubt to the guy whose land and property is being invaded, destroyed and turned into a natural bathroom. I do not know how I would act under such circumstances, but I doubt that I would kiss and hug these people.
 
The illegal immigrants were represented by the Mexican American Legal Defense and Educational Fund (MALDEF) who have tried to make Barnett look like a vigilante maniac. MALDEF sued for $ 32 million in actual and punitive damages. John Roll, the federal judge who actually allowed this absurdity to go to trial, is merely another example of the pathetic leftist judiciary that is destroying this nation. Thankfully, the jury saw the light and rejected the civil rights violation claim, recognizing that only an insane, drug-addicted fool or a liberal would seriously argue that one’s civil rights can be violated by a property owner merely trying to defend his rights against one’s own blatant abuse of those rights.
 
Proving that its sanity was not complete, that same jury inexplicably awarded the trespassers $78,000 on claims of assault and “emotional distress.” Suppose a man breaks into your home and you threaten to shoot him unless he leaves. He proceeds to use your sofa as a bathroom and begins to cry. Can he now sue you for assault and emotional distress? This is called a jury brainwashed by this nation’s liberally-induced stupidity.
 
Fortunately, it appears that with attorney charges and the like, this judgment may never be collected by the trespassers. Still, it is an absurdity that these insolent trespassers should be awarded a roll of toilet paper much less any money.
 
Wait, There’s More
 
I just read a press release from MALDEF which paints the ruling as a victory for their side, calling Barnett a “vigilante rancher” and adding that his actions were “extreme and outrageous” and “will not be tolerated.” MALDEF stated that it was pleased with the jury’s verdict which “sends a strong message condemning vigilante violence against immigrants,” according to Marisol Perez, MALDEF staff attorney and counsel for the plaintiffs. Two law firms, Dewey & LeBoeuf and Haralson, Miller, Pitt, Feldman and McAnally participated as pro bono counsel on behalf of the plaintiffs, proving that most law firms will instinctively swim in the direction of potential million dollar judgments.
Vigilantes are defined as self-appointed determiners of justice. Is that not what MALDEF and these illegal immigrants are doing? Are they not determining that it is just to trespass on another’s property without any consequences? Are they not determining that illegal immigrants are just “immigrants” whenever the illegal part is inconvenient or does not fit their victim agenda?
 
As a legal immigrant of this nation, I am disgusted by yet another treatment of illegal immigrants as legal ones. I have tried in vain to argue that legal immigrants should be insulted, not energized, when liberals lump them with illegal immigrants and pretend that everyone is just one, happy, smiling entrant unto these shores. If one is legal and yet those who are illegal are treated as one is, what value does one’s legality actually have? In fact, if illegal immigrants are given the same rights as citizens, what value is there in being a citizen?
 
Mexico treats those who enter its country illegally like animals, with no rights or privileges, yet here we have this radical group filled with ranks of educated lawyers drunk with visions of defending so-called victims actually mugging people like Mr. Barnett who are just trying to defend their property rights. Any system which enables these trespassers, MALDEF, this jury and this judge to get anywhere is a disaster.
 
Contrary to the claims of MALDEF, these were not innocent immigrants resting on their journey to a better life. They were illegal trespassers trampling on a nation and property they did not belong in. I do not pretend that Barnett is a choir boy or saint. Perhaps at times he went too far. What I do know is that I respect and understand his outrage at a system which even dares to pretend that he is the bad guy here while painting people who do not respect others’ rights as noble victims.
 
I wonder what Ms. Perez and MALDEF would do if people entered their homes, destroyed their property and used their backyard as a public bathroom. I am amazed that Perez and MALDEF could call Barnett’s actions outrageous and extreme while condoning the illegal acts of the plaintiffs. I am not, however, amazed that these people could so conveniently forget to mention the fact that they lost the $ 32 million civil rights claim and still call their absurd result a victory. Such is the logic of irrational fanatics with an agenda feeding on a dysfunctional nation and legal system. I am a proud Latino who loves both my heritage and this nation, but I am a bit less proud today.
 
FamilySecurityMatters.org Contributing Editor Gabriel Garnica, Esq., is a college professor and licensed attorney whose regular commentary also appears on NewMediaJournal.us, Michnews and various Internet journals. Feedback: editorialdirector@familysecuritymatters.org.
 

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